IN THE HONBLE HIGH COURT OF JUDICATURE AT ALLAHABAD. . CIVIL MISC. WRIT PETITION NO.

OF 2003 (Under Article 226 of the Constitution of India) ( DISTRICT ; ALLAHABAD)

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G.C.Gahrana S/o Late Shri S.C.Lal, Advocate, High Court, Member & Ex Secretary, National Executive Committee, Treasurer- U.P. Branch Of All India Lawyers Union, Member Elder Committee- Life Member, Advocates Association, Chamber No.54, High Court, Allahabad R/O 16, Moti lal Nehru Road, Allahabad

2. Alok Sharma S/O Dr. S.D. Sharma, Advocate, High Court, Ex joint Secretary, High court Bar Association, 52,L.I.G.- Govindpur colony, Allahabad
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Pankaj Kumar S/O Shri Lal Bahadur Singh, Advocate, High Court, C/O Yogesh Kumar Saxena Advocate, High Court-Vice- President, Advocates Association, R/O H.I.G.203, Preetam Nagar, Sulem Sarai Housing Scheme, Allahabad.

4. Samaj Shekhar Pran S/O Shri C. S. Pran, General Secretary Health Line Community Foundation & President of People For Animals, Allahabad Unit ( The Registered Societies)B 187 < Mahdauri Colony , Allahabad. 5. D.S. Research Centre, through its Director Sri S.S. Trivedi s/o Shri M.R. Tiwari, 147-A, Ravindrapuri, Varanasi. ..PETITIONERS. Versus 1. Union of India through Secretary, health and family welfare, Government of India, New Delhi. 2. Secretary, Ministry of information and Technology, Government of India, New Delhi. 3. State of U.P. through Chief Secretary, Govt. of U.P., Secretariat, Lucknow. 4. PepsiCo India Holding Pvt. Ltd. 38 D.L.F. Corporate Park, S Block, Kutub Inclave, Phase-III Gurgaon-122002 Haryana, India, through its Managing Director. 5. Hindustan Coca Cola Beverages Pvt. Ltd. Tehsil- Hapur, District-Ghaziabad, U.P. India (under the authority of Coca Cola Company),Through its Managing Director.

.RESPONDENTS To, The Honble the Chief Justice and his other companion Judges of the aforesaid court. The humble writ petition of the abovenamed petitioner most respectfully showeth as under;1. That this is the first writ-petition filed in the public interest to save the people from the clutches of the poisonous substances used by the multinational companies dealing with the production, manufacturing and distribution thereof to the public at large without any awareness to the individual citizen, for which there is reciprocal duty and responsibility at large of the Public Administration Of The Respondents under our constitutional frame work of fundamental rights guaranteed under Article 14, 19 (1) (a) and 21 read with Article38, 39, 41, 42, 47 and under 51-A (g) read with The Freedom Of Information Act and penal laws to take the deterrent and informative steps, failing which this Honble court as sentinel and guardian to the people of India against Quasi- judicial inaction may resort to get it ratified through Judicial scrutiny and accountability to dealt with the situation. The petitioners have not received any caveat application so far from the respondents. That this is a social action litigation in order to protect the public at large from the ill effect of cold drinks. It has been revealed from the reports of the news papers, articles in the magazines and different journals, wherein, it has been alleged that the injurious effect of the chemicals and phosphoric acid, ethylene glycol, a calibre arsenic and carbonic acid and pesticides linden , DDT ,Melatheon , chloropaeriophos used as the ingredient and contents of the cold soft drinks manufacturers, distributors and sold in the market having the authority under Pepsi and coca Cola groups of cold drinks. It has been said that the use of aforesaid chemicals in these soft drinks may not only affects esophagus and finally causes ulcer, but its acidity is strong enough to dissolve the bones of human body, which is detrimental to the lives of individuals, who are consuming the soft drinks and thereby causing immense harm to the children and grown up citizens. That the petitioner No.1 is the founder Life member of Advocates Association and the member of the elder committee having over all supervision and control over the activities of Executive Body and general members of Advocates Association duly recognised societies Under the Provision of Society Registration Act, 1860. He Is also the member Executive Committee Of All India Lawyers Union In Different Capacity, which is an unregistered society . That the Petitioner No. 2 is a practicing advocate of this Honble Court and he is the office bearer of the High Court Bar Association as Ex Joint- Secretary, While the Petitioner No. 3 joined the Profession recently and became the member of Advocates

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Association, High Court at Allahabad. This is on account of their participation in the activities to uplift the social standard, Human values in society that they have joined in the present Public Interest Litigation to provide the awareness to the people against the ill effect of the cold Drinks supplied by the respondent No.4 and 5 to the people at large without any restrain by the Respondent No.1 to 3.
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That the petitioner No. 4 is a social worker and is associated in the activities related to the protection of our glorious traditions spouse by our great philosophers, preachers and religious authorities like Lord Mahavir, Swami Daya Nand Sarswati, Swami Viveknand And Mahatma Gandhi. Apart from other being the general secretary of Health Line Community Foundations having Registration No.680 of 1998-99, President, People For Animals having Registration No. 122/ 2000-2001 he is the member of Society to prevention of cruelty on animals. He is also the secretary , Mehdauri Jan Kalyan Samiti having Registration no. 3381 of 1983-84 under the provision of Society Registration Act, 1860. The true copy of the registration certificate of society namely Health Line Community Foundation, People For Animal, Allahabad and Mehdauri Jan Kalyan Samiti, Allahabad are being filed herewith and marked as Annexure No.1,2 & 3 to this writ petition. That the petitioner no.5 is a registered society and is indulged in the scientific research of curative era in medical science through indigenous nutrient energy and conscience energy. The scientific affiliated with the research centre has successfully cured about 4000 cases suffering from the cancer. It has got its registration certificate under the society registration act having its bye-laws. The true copy of the registration certificate and bye laws of the aforesaid society is being filed herewith and marked as Annexure no.4 to this writ petition. That the relief sought is that this Honble court may graciously be pleased to restrict the sale and manufacturing of these injurious soft drinks and prohibit the respondent no. 5 to display the advertisement for the promotion of the sale of these soft drinks on audio visual media as to restrict such item from the access of the common citizen due to their unawareness. That according to the opinion expressed in the news paper, the soft drinks commonly known as Pepsi, Miranda, etc. are being manufactured under the authority of Pepsi Co. Inc. U.S.A. in India by the respondent no. 4 while the soft drinks known as Coca Cola, Thumps up, Marinda, Fanta etc. are manufactured under the license and authority of Coca Cola Company, U S A by the respondent no.5. These cold drinks are having its ingredients as carbonated water, sugar, citric acid, emulsifying agents, sequestering and buffering agents, which are not only harmful, but the use of these agents may be so injurious that the consumption

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of these soft drinks to the extent of few litters may result in death of an individual, as alleged in news paper reports. The preservative flavour and carbonic acid is further injurious resulting in gestointestinic digestive problem and finally causing ulcer. However, on account of unawareness from the potential harms to the public, the Indians offer these soft drinks as a matter of grace in the honour of a guest. There is the irreparable loss to the health of the children, who use to take these cold drinks in order to provide a cooling effect in the body in the scorching heat during the summer.
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That it has come to the knowledge of the people in U.S.A. on the basis of a research conducted regarding the injurious effect of these cold drinks which was published in a research journal namely The Earth Land Journal. According to its report, the contents of one bottle of soft drink may have about 40 to 72 Milligram of psychotropic substance i.e. Glycerin, glycol and Eastergum, which is extracted from the corpus of the dead animals. It has been observed that on account of having the citric acid, it has got the same effect in the body which phenyl may give effect for washing the tiles. It has been said that if the rust is given effect upon the cloths, it may remove the blot if we may rub them after pouring the cold drink inside the washing machine. It removes the grease from the strain cloths. The true copy of the paper cutting of kalyan Magazine June Edition 2001 vol. 75 page 704 having the said report is filed as Annexure-5 to this writ petition That in the article written by the journalist in Hindustan Times, ( H.T. ALLAHABAD LIVE) on the basis of observations made by Dr. Dhanesh Agrahari, it has been found that Looking at the ingredients written on the label of a premier soft drink, containing 1.5 litre soft drink, you will find that it contains phosphoric acid. Minute quantities of ethylene glycol are also used. This is popularly known as antifreeze, which prevents water from freezing at 0 degree Celsius and instead, drops the temperature, by 4 5 degrees. The chemical is the calibre arsenic, Dr. Dhanesh Agrahari suggests. The true copy of the paper cutting of news paper Hindustan Times Dt.6-6-2001having the said report is filed as Annexure-6 to this writ petition That according to him, we should prefer flavored milk, tender coconuts, butter milk, lassie and plain water to soft drinks. He told Hindustan Times live that the P H value of these soft drinks is very low and causes digestive problems. It also affects the esophagus and finally causes ulcer. Its acidity is strong enough to dissolve teeth and bones. Human body stops building bones at the age of about 30 years. It is well known that the increase of the vitamin and iron in the diet of an individual through the consumption of the vegetable soup may also increase the resistance to the human body from the external infections.

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That the recommendation from the Institute of Medical Penal for Dietary allowances (R. D.S.) of Vitamin A and several nutrients as yet not been implemented. The Juice of the Vegetables such as Carrots, Broccoli and Sweet Potatoes is recommended which is very useful for reducing the risk of birth defects in the newly born children. The recommendation of the Dietary Allowance to the quantity of 900 mg per day for Men and 700 mg per day for Women may prevent the health hazard. Since the need for such the vegetarian product for consumption is double their intake because the body absorbs these minerals less efficiently from Cereals and non-vegetarian food.. Thus the prohibition of these cold-drinks may not effect the public at large form deprivation cooling down themselves during the scorching heat, but it may be benefited by the consumption of the rich vegetarian bewares and ultimately providing a health consciousness to the public at large. That the govt. of India has given the right of awareness to the public at large against the ill effects of any substance, which may be harmful to the public at large through The Freedom of Information Act,2002. There has been the mandate of our constitution under Article 19 (1) (a) to get the awareness of the information to every individual regarding the particulars of the organization functions and duties, relating to the department functioning under the provision of the food Adulteration Act at food protection order relating to the use of toxic and poisonous substance mixed with the soft-drinks under the brand of Coca Cola and Pepsi group of these cold drinks multinational companies operating in our country. That it has been revealed through investigation by the center for science and environment, (hereinafter referred as C.S.E.) at its pollution control Laboratory by it Director Sunita Narain that these group of the soft drinks contains the poisonous substance like linden , DDT ,melatheon , cloropaeriophos ,mixed with these cold drinks .This is seventy times in excess to the prescribed standard of European economics commission in Mirinda, Lemon while the percentage of these toxic substance is in excess to the prescribed standard . The percentage of these poisonous substance in these cold drinks are as under Coca Cola 45,Fenta 43,Mininda Orange 39,Pepsi 37,Seven up 33,Limca 30,Blue Pepsi 29,Mountain Dew 28,Thums up 22,Diet Pepsi14, Sprite 11 times, where as in U.S.A. there is not the excess quantity of these pesticides in the cold drinks . The true copy of the paper cutting of news paper Hindustan Times and in Hindustan Hindi Edition Dt.6-8-2003 and Report Published on August 11th ,2003 having the said report are filed as Annexure-7,8 & 9 to this writ petition That the cold drinks were tested for organochlorine and organophosphorus pesticides and synthetic pyrethoriodsall commonly used in India as insecticides. That the CSEs Director Sunita Narain has observed in Public press conference as under:All soft drinks of multinationals Pepsi and Coca Cola sold in and around Delhi have been found to contain a deadly cocktail of

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pesticides residue far above the acceptable global Norma,. The test results were as shocking as those of bottled water, we tested 12 brands of soft drinks for pesticides residue and they were found to have 30-36 times more pesticides residue than global norms,. 16. This is very shocking state of affairs of our country that the sale has been prohibited in Parliament on the demand of our Member of Parliament, but the sale has not restricted for the consumption of the people at large who elect them as their representatives in Parliament under the democratic set-up. This is the mockery of situation in this country. After the exposure to the affairs of many scam and scandals and the detail investigation conducted by the journalists, instead to provide the awareness to the public at large, now they are planing to prohibit Non Govt. Organization to put the people unaware before they take the last journey to unknown World. The protection is needed under Equal Protection Of Law. That even the Press conferences were conducted from time to time after filing the P.I.L. on behalf of the Association for protection of Patient Rights to prohibit the exhibition of poisonous cold Drinks and the organization like Azadi Bachao Andolan have taken their active coordination to stop the flaw of prohibited Drugs Gutka and Cold Drinks in our country, but nothing has been done by the answering Govt. Respondents so far even after notices to the Respondents till date There are the writ petition no. 11519 0f 1998, writ petition No. 20570of 1999 and writ petition No. 33289 of 2002 filed on the earlier occasions in this regards. The True Copy Of Paper Cutting Of Press Conference published on August 25, 2002 in Hindustan Times is filed herewith and marked as Annexure-10 to this writ Petition That unfortunately, India does not have any legislation governing soft drinks industry. It seems the soft drinks industry, dominated by multinationals ,have literally fixed regulations in our country. CSE said the study of comparable products manufactured by the same multinationals in the US and European union had found absolutely no pesticides residue. This is because the regulation in the US and European Union have established norms for the raw product water. We need to have a legislation in place governing the food and water industry, including soft drinks. The true copy of the paper cutting of news paper Hindustan TimesDt.7-8-2003 having the said report is filed as Annexure-11 to this writ petition. That the report of the News papers are having the presumption regarding correctness of their contends under the Evidence Act and also under the provision of Freedom Of Information Act,2002. The people have their right to become aware regarding the poisonous contends of the articles consume by them. The punishment prescribed for adulteration and under the provision of Indian Penal Code Is to safe guard such rights. The apathy of govt. enforcement agencies is with implied and extraneous

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consideration. This Honble Court has ample power to tear the veil behind such colourable exercise of power. 20. That there are numbers of laws for the prevention of adulteration of the foodstuffs. The prevention of Adulteration Act prohibits the manufacture, storing and sale of adulterated foodstuffs for human consumption. It has been enacted for regulating the law so as to prevent the adulteration of foodstuffs, which effect the people and their health. That the adulteration of the food is a menace to public health. The object and the aim of the prevention of adulteration Act is to eradicate the effect of anti social evil of procuring the money by supplying the adulterated food and for ensuring the purity of the articles of food. That where the statute creates an offence and imposes a penalty of fine and imprisonment, the language of the statute has to be construed strictly. That the distribution of the impure and adulterated cold drinks for consumption is an act perilous to human life and health, hence a dangerous act in itself. It is submitted that by the aforesaid act, the same may not be made victim to the life of innocent or harmless citizen by the want of knowledge or by the good faith of the sellers. It is the act itself, not the intent, that determines the guilt and the actual harm to the public is the same in one case as in the other. Thus the seller of the food article is under the duty of ascertaining at his peril, where the article of food confirms to the standard fixed by the statute, otherwise the adulterated food make an intent and element of the offence. That misbranding of the ingredients of the foodstuffs is the rampant evil and the statute calculated to control that evil is indisputable belief in the interest of general public. The protection of the liberty of the citizens, blameworthy mental condition, is and ingredient by clear implication as an offence under the act enacted to deal with a grave social evil and for ensuring public welfare. Thus it is necessary in the larger public interest to provide for imposition of liability without proof of a guilty mind. The manufacture, seller and the distributors of the adulterated food may not be exonerated from their liabilities, if the article of food does not conform to the prescribed standard. That according to definition clause under section 2(a) of Prevention of Food Adulteration Act, 1954:- adulterated - an article of food shall be deemed to be adulterated(a) if the article sold by a vendor is not of the nature, substance or quality demanded by the purchaser and is to his prejudice, or is not of the nature, substance or quality which is purports or is represented to be;

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(b) if the article contains any other substance which affects, or if the article is no processed as to affect injuriously the nature, substance or quality thereof; (c) if any inferior or cheaper substance has been substituted wholly or in part for the article so as to affect injuriously the nature, substance or quality thereof; (d) if any constituent of the article has been wholly or in part abstracted so as to affect injuriously the nature, substance or quality thereof; (e) if the article had been prepared, packed or kept under in sanitary conditions whereby it has become contaminated or injurious to health; (f) if the article consists wholly or in part of any filthy, putrid, rotten, decomposed or diseased animal or vegetable substance or is insect-infested or is otherwise unfit for human consumption; (g) if the article is obtained from a diseased animal; (h) if the article contains any poisonous or other ingredient which renders it injurious to health; (i) if the container of the article is composed, whether wholly or in part, of any poisonous or deleterious substance which renders its contents injurious to health; (j) if any colouring matter other than that prescribed in respect thereof is present in the article, or if the amounts of the prescribed colouring matter which is present in the article are not within the prescribed limits of variability; (k) if the article contains any prohibited preservative or permitted preservative in excess of the prescribed limits; (l) if the quality or purity of the article falls below the prescribed standard or its constituents are present in quantities not within the prescribed limits of variability, which renders it injurious to health; (j) if the quality or purity of the article falls below the prescribed standard or its constituents are present in quantities not within the prescribed limits of variability but which does not render it injurious to health; Provided that, where the quality or purity of the article being primary food, has fallen below the prescribed standards or its constituents are present in quantities not within the prescribed limits of variability, in either case, solely due to natural causes and beyond the control of human agency, then, such article shall not be deemed to be adulterated within the meaning of this subclause. Explanation; - Where two or more articles of primary food are mixed together and the resultant article of food(a) is stored, sold or distributed under a name which denotes the ingredients thereof ; and (b) is not injurious to health, Then such resultant article shall not be deemed to be adulterated within the meaning of this clause.

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That according to section 7 of the aforesaid Act, there is prohibition for manufacturing the adulterated article for sale or store, sell or distribute any adulterant. Section 16 of aforesaid Act prescribes the penalties for the prohibited articles by himself or by any other person and a certificate of analysis made by the Director of Food Laboratory or by a public analyst is required for the purposes of advertising any article of food. It is submitted that in case of Inderjeet vs. State of UP. AIR 1979 SC 1867, the validity of section 7 and 16 has been upheld by the Honble Supreme Court. It has been held that this section does not violate Article 19(1)(g) of the Constitution of India. That under section 17 there are the punishment prescribed for an offence committed by a Company, which means any body corporate and includes a firm or other association of individuals. The forfeiture of the property of any person convicted under the act for the contravention of any provision may be done under section 18 of the Act. Thus the law has taken all such sort of the measurements including the requirement of carrying a label on every package of the food wherein the description of the food contained in the package and the name of the ingredient must be prescribed according to Rule 32 of the aforesaid Act. That the fast changing scenario of economic, social order with scientific development spawns innumerable situations, which the legislature possibly could not foresee. The delegate is entrusted with power to meet such exigencies with in the in built check or guidance and in the present case to be with in the declared policy. So the delegate has to exercise its powers with in this controlled path to sub serve the policy and to achieve the objectives of the Act . That although a sanction is required of the public analyst containing a report of the local health authority or by the Director Central Food Laboratory, but any certificate issued by the Director of Central Food Laboratory may not be sufficient if the ingredient of the adulterated food articles have got the hazardous substance, which is detrimental for the life of the individuals. The requirement of obtaining such permission may not be having overriding effect upon the infringement of fundamental rights guaranteed to the citizens under Article 21 of the Constitution of India. That although in case of artificial flavouring substances, the name of the chemical of the flavour may not be required to be declared, but there is no provision that under the garb of the preservative, one may avail protection for using the harmful chemicals, which may affect the digestive system of the human body. Thus the requirement of carrying a label by disclosing the name of chemical harmful for the human consumption has not been maintained by the respondents manufacturers of the cold drinks. That although a sanction is required of the public analyst containing a report of the local health authority or by the Director

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Central Food Laboratory, but any certificate issued by the Director of Central Food Laboratory may not be sufficient, if the ingredient of the adulterated food articles have got the hazardous substance, which is detrimental for the life of the individuals. The requirement of obtaining such permission may not be having overriding effect upon the infringement of fundamental rights guaranteed to the citizens under Article 21 of the Constitution of India. 32. That apart from this the adulterations of the food articles have also been dealt with the punishment under section 272 to 276 of Indian Penal Code. Thus if the respondents manufacturers of the soft drinks are found that the contents of the drink intended for sale is noxious drink which is sold in the sealed bottle, they may liable for the punishment. It is submitted that it has been claimed in the numerous report submitted in the news paper and also in the journals that the ingredients of the soft drinks are spurious under the banner of the preservents and other hazardous substance and chemicals, a prima facie case is made out against them. That according to news item about 600 students of YMCA school destroyed Pepsi bottles and canes to lodge their protest and oppose uses of all multi- national companies (MNCs) products in the country. The Purpose was to spread the message of their personal commitment to help the economy of the country and make the people aware of the health hazards that emanates from drinking Pepsi and Coca-Cola. The true copy of the paper cutting of newspaper Hindustan Times having a satire regarding ill-effect of advertisement publish on Dt.11-8-2003 is filed as Annexure-12 to this writ petition. That the commercial advantage taken by the respondents and their agents in collision with the manufacturer companies of the cold drink may not be beneficial for the growth of the nation. A country having a Constitution with the galaxy of Fundamental Rights is now being rules with the governance through laissezfaire policy with political set up having coordination with the divisive forces for economic, social and national oppression of the people al large. That the country where 50% of population is still illiterate, is required to be governed in such a manner as the illiterate person may also get their right of survival in the nation. This is neither the concept of the distributive justice nor the same is permissible from any yardstick to promote such the injurious product through the advertisement of the Government agencies like Doordarshan and other channels. That the effect of the advertisement directly reacts upon the conscience of the people that the product shown through such advertisement should have been approved by the Central Government, otherwise it would not have been displayed for the consumption of the general public before obtaining permision on the sale of such product from Indian Standard Institute and Quality

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Control Department. Thus there is vicarious cause upon the Union of India to provide the awareness to the public regarding the injurious effect of such a product of the human consumption. Every right is co-related and co-existent with the duty and as such in a Sovereign Democratic Republic, there may be the endeavor for the enlightenment from the injurious and disastrous product to the public. Unfortunately we can not achieve the objective of an egalitarian society, which is free from corruption, favoritism and nepotism even after the expiry about 55 years from our independence. The true copy of the paper cutting of newspaper Hindustan TimesDt.18-8-2001having the said report is filed as Annexure-13 to this writ petition 37. That our nation is not a rich country as it may afford the treatment to the poor person without realisation of the exorbitant money required to be invested for the cure of the ailments. It is not with in the means of every citizen to get the proper treatment, whenever he is having certain Gastro-Intestinal problem effecting the Neurosis system. It is unfortunate that the harmful product is gaining social acceptance but it causes Ulcer and other Renal problem. That the convenient sachets and high profile advertising featuring celebrities boosted the sale of Coca-Cola and Pepsi among the young men and children. The consumption of the aforesaid property is gaining popularity among the school going children despite knowing the ill effect of such drinks upon their Intestine. It is necessary to provide the adequate quantity of fruit juice, Milk shake and even the pure water and there should be the boosting incentives provided through the machinery upon the Government which are such indigenous product which are available in the country in abundance. That the greatest virtue of Law is in its adaptability and flexibility. Law made for the society and there fore it has to be applied , depending upon is situation , for the benefit of society That Law is a social engineering to remove the existing imbalance and to further the progress, serving the needs of the Socialist Democratic Bharat under the rule of law. The prevailing social conditions and actualities of life are to be taken into account in adjudging whether or not the impugned legislation would subserve the purpose of the society That Law is a means to an end and justice is that end. But in actuality, law and justice are distant neighbors; sometimes even strangely hostile. If law shoots down paralyses development, disrupts order and lawlessness paralyses development, disrupts order and retards progress. That the various definition of the meaning of Law in relation to society are given as under. For which the duty is there to enforce them by the Honble court to preserve Rule Of Law in the society.

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(A) Law has been variously defined by various individuals from different points of view and no wonder there is no unanimity of opinion regarding the real nature of law, by various writers. (B) A law is a rule of conduct, administered by those organs of a political society which it has ordained for that purpose and imposed in the first instance at the will of the dominating political authority in that society in pursuance of the conception of justice which is held by that dominating political authority or by those whom It has committed the task of making such rules. (Keeton) (C) A set of rules imposed and enforced by a society with regard to the distribution and exercise of power over persons and things. (Vinogradoff) (D) Law is the command of sovereign, containing a common rule of life for its subjects and obliging them to obedience. (Erskine) (E) Law is the body of principles recognized or enforced by public and regular tribunals in the administration of justice. (Pound) (F) The law of the state or of any organized body of men is composed of the rules which the courts-that is, the judicial organs of that body- lay down for the determination of legal rights and duties. (Gray)

(G) Law is that portion of the established thought and habit which has gained distinct and formal recognition in the shape of uniform rules backed by the authority and power of Government. (Wilson) (H) Law is the system of rights and obligations which the State enforces. (Green) (I) According to Salmond, Law may be defined as the body of principles recognized and applied by the State in the administration of justice. Courts may misconstrue a statute or reject a custom. It is only the ruling of the court that has binding force as law. The highest court of a State willfully misconstrues an Act of the Legislature, the interpretation put on the Act would be law as there is no higher judicial tribunal with jurisdiction and authority to reverse it. The result is that the true test of law is enforceability in a court of law. According to Justice Holmes, The life of law has not been logic. It has been experience. The law will become consistent when it ceases to grow. The felt necessities of the time, the prevalent moral and political theories, intuitions of public policy, avowed or unconscious; even the prejudices

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which judges share for their fellowmen have had a good deal more to do than the syllogism in determining the rules by which man should be governed. The law embodies the story of a nations development through many centuries and it cannot be dealt with as if it contained only the axioms and corollaries of a book of mathematics. In order to know what it is, we must know what it has been and what and what it tends to become. Again, Logic gives science of law resides in the elegantia-juries or logical cohesion of part with part. The truth is that the law is always approaching and never reaching consistency. It is for ever adopting new principles from life at one end and it always retains old one from history at the other. It will become entirely constant only when it ceases to grow 43. That a situations may arise, in some cases where strict adherence to any provision of the statute or rules may result in great hardship, In a given situation, where exercise of such power of exemption is to remove this hardship without materially affecting the policy of the Act, viz., development in the case then such exercise of power would be covered under it. All situations cannot be culled out, which have to be judiciously judged and exercised, to meet any such great hardship of any individual or institution or conversely on the interest of the society at large. Such power is meant rarely to be used. That The effect of globalization on our legal system may lead to a situation as the framers of our constitution have miserable forgotten the basic and elementary principle of jurisprudence and legal theory that every right implies the forbearance on the part of others to performing his duty. Every right is co-related and coexistence with duty. That The situation in country in present socio-political-economical crisis is beyond explanation the prevailing maladies generated on account of wrong policies based on Divide and Rule policy by our politicians, and thereby exploiting the material resources ruining our cultural heritage is direction effecting to the individuals indulged in activities of production of our country. An urge may lead to a big surge. This system can be changed by cultivating public opinion. The freedom, therefore, given to the judicial system is to search the spirit of the enactment; or what is intended to obtain; or to find the intention of the members of Parliament, gives the court the power to supplement the expression used to say, what is left unsaid. This may lead to the interpretation of some provision with such a liberal approach, which seldom may result in given unwanted results, to which our society never intended to receive from the court of justice. Thus the concession of interpreting the meaning may result in more difficult situation, then reading the provision literally. The power given to some extend may result in more ambiguity, then making the clarity of perception. Notwithstanding, sometime the provision may be very arbitrary,

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unequal in its application, unrestricted in its nature, but still the same remain enforceable upon the society, as it could not be assailed in the Judicial system. 47. That the principle is that all statutory definitions have to be read subject to the qualification variously expressed in the definition clauses which created them and it may be that even where the definition is exhaustive inasmuch as the word defined is said to mean a certain thing, it is possible for the word to have a some what different meaning in different sections of the Act depending upon the subject or context. That Article 14 has the pervasive potency and versatile quality to provide equal protection of law for which a corresponding co related duties in order to get enforce fundamental rights of the citizen. In absence of such duty and liability being enforceable through accountability thorough judicial scrutiny regarding the conduct of the officer acting in collusion with the multinational businessmen playing with the life of the people, the Bhopal tragedy is bound to be repeated by feeding pesticide to the citizen in the cold drinks sold in the market. That the people have the only hope with the Honble Court dealing with the constitutional safeguard and fundamental rights to provide them the protection from a menace of pre- planned conspiracy hatched by the politician in association with multinational companies, as the sale of these cold drinks is now prohibited in the Parliament, while the common citizen may require to remain unprotected from the poisonous substances mixed in these cold drinks. That the conquest of India by Clive Loyd in the battle of Plassey says nothing about the superiority of invaders, but it was the weakness of some of our characteristics, through which we could have become slaves. Subsequently the transfer of Power from Britishs gave rise to communal violence and migration of millions of displaced persons. This communal disturbance caused innumerable mental anguished between different sections of society. That the Anglo Saxon jurisprudence had celebrated with profound bleeding contrary to the righteous conduct of ethics and justice as the law must drive its sanction from the need of people and not from terminal power. We have borrowed our constitution our preamble and fundamental rights from constitution of U.S.A., Parliamentarian system from United Kingdom, directive principles from constitution of Irish Republic State, elaborate provision of Emergency from winner constitution of Germany, the Federal System from Constitution of South Africa, Canada and Australia, procedure establish by law under Article-21 from Constitution of Japan.

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That It is Irony of fate that we have won our independence on the basis of original and novel experience but those ideals and philosophy for emancipation of Indian masses for social reconstructions have not been taken into consideration. After all, we are at present the product of our personal prejudices, great, lust and power which has ultimately resultant in maintaining the British domination for about two centuries on the policy of Divide and Rule which has been convincible adopted by an politicians for ruling over the illiterate masses. That A picture of disharmony in the epic of progress has never imperiled the fundamental of duty and obedience, which is the basis of social discipline. A disaster, chaos, confusion, murdering the fellow citizen in brutal manure just not satisfying the carnal desire has now emerged in society. The impact of working of our legal system in political set up, in an anarchic conditions prevailing, terrorism, brutal Killing, violence, lawlessness, religious fantasia, regionalism and psychological retardation of mencounter productive policy for reaching effect detrimental to public exchequer may protest the country. That the promised TRYST WITH DESTINY to achieve the change were determined on the interpretation of the constitution. The judicial power are often not represented in judicial forums and appears to be at the receiving end of mal-administration and subjected to exploitation for the litigant. The greatest contribution of judicial activism is to ensure the feeling in the mind of common citizen, that he may represent in judicial forum. That Advocacy is not a craft but a calling; a profession wherein devotion to duty constitutes the hallmark. Sincerity of performance and the earnestness of endeavor are the two wings that will bare aloft the advocate to the tower of success. This is the reason why legal profession is regarded to be a noble one. That A lawyer, without the most sterling integrity, may shine for a while with meteoric splendor, but his light will soon go out in blackness of darkness. It is not in every mans power to rise to eminence by distinguished abilities. It is not in every mans power, with few exceptions, to attain respectability, competence, and usefulness. That the temptations, which beset a young man in the outset of his professional life, especially if he is in absolute dependence upon business for his subsistence, are very great. The strictest principles of integrity and honour are his only safety. Let him begin by swerving form truth or fairness. In small particulars, he will find his character gone - whispered away, before he knows it. Such a one may not indeed be irrecoverably lost; but it will be years before he will be able to regain a firm foothold. That there is no profession in which moral character is so soon fixed as in that of the law. There is none which it is subjected

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to severer scrutiny by the public. It is well that it is so. The things we hold dearest on earth, our fortunes, reputations, domestic peace, the future of those dearest to us, nay our liberty and life itself. We confide to the integrity of our legal counselors and advocates. Their character must be not only without a stain, but also without suspicion. From the very commencement of a lawyers career, let him cultivate above all things, truth, simplicity and candor. 59. That they are cardinal virtues of a lawyer. Let him always seek to have a clear understanding of his object; be sure it is honest and right and then march directly to it. The covert, indirect and insidious way of doing anything is always the wrong way. It gradually hardens the moral faculties, renders obtuse the perception of right and wrong in human actions, weighs everything in the balance of worldly policy, and ends most generally, in the practical adoption of the vile maxim, that the end sanctifies the means. Therefore an exacting standard is what is expected of an advocate. That the legal profession is a solemn and serious occupation. It is a noble calling and all those who belong to it are its members. Although the entry to the profession can be had by acquiring merely the qualification of technical competence, the honour as a professional has to be maintained by its members by their exemplary conduct both in and outside the court. The legal profession is different from other professions in that what the lawyers do affects not only an individual but also the administration of justice, which is the foundation of the civilized society. Both as a leading member of the intelligentsia of the society and as a responsible citizen, the lawyer has to conduct him - self as a model for others both in his professional and in his private and public life. That the society has a right to expect of him such ideal behavior. It must not be forgotten that the legal profession has always been held in high esteem and its members have played an enviable role in public life. The regard for the legal and judicial systems In this country is in no small measure due to the tireless role played by the stalwarts in the profession to strengthen them. They took their profession seriously and practiced it with dignity, deference and devotion. If the profession is to survive, the judicial system has to be vitalized. No service will be too small in making the system efficient, effective and credible . The casualness and indifference with which some members practice the profession are certainly not calculated to achieve that purpose or to enhance the prestige either of the profession or of the institution they are serving. If people lose confidence in the profession on account of the deviant ways of some of its members, it is not only the profession which will suffer but also the administration of justice as a whole.

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That an advocate stands in a loco parentis towards the citizens. Therefore, he is expected to follow norms of professional ethics and try to protect the interests of the citizen in relation to whom he occupies a position of trust. Counsels paramount duty is to the society . The citizen is entitled to receive disinterested, sincere and honest treatment. Nothing should be done by any member of legal fraternity which might tend to lessen in any degree the confidence of the public in the fidelity, honesty and integrity of the profession. That our constitution with its gospel to achieve and resolve the glorified Socialistic Sovereign Democratic Republic through the processor of therapeutic justice to escalating psychosomatic maladies and explosive rights with enforceable duties to the citizen is regenerating the spiraling professional delinquencies .It promises to keep and mile to go to its citizen ,before they may undertake the sleep. The Quest of mankind is to grasp the fundamental truth ,the tenacity without even the least touch of faith in reality has diminished the entire surrounding and undergone a radical transformation to the point of extinction. This is the political freedom ,the self independence, what the India has achieved after attaining the freedom from British domination . That the structure of the society rests on the foundation .We cannot escape the consequences of losing all access to abrader a vision It creates a narrow-mindedness in the prospects of a development .Few amongst the citizen, the masses have the ever given any serious consideration to the problem of life. Thus the problem of life still remain unsolved. Let us discuss that why are not having the solid foundations without access for the broader vision having an extinction for our existence. Freedom from bondage is liberation there is a goal of life with and devotion. Our tryst with destiny has not brought any desired changes for wiping out the tears from every eye .There cannot any political will amongst the individuals who are craving to get power. The Political will is guided by our constitution of India and we find that it is not having strong hold to keep the nation intact ,the society move and the country prosper .Some radical changes are needed to maintain . That the instrument of status quo upholding the traditions of ANGLO-SAXON JURISPRUDENCE and resisting radical innovations in the use of judicial power is no more in existence. Concepts such as Rule of law, Separation of Power, Independence of Judiciary, Supremacy of Fundamental Rights over Directive Principle, Non Enforceable Fundamental Duties, were introduced by the passage of time. The Judicial Restrains, Judicial Precedents & Certainty of Law were used conveniently to avoid and dilute the effect whenever it was so required. Thus the resultant legal culture was the same as we have in preindependent days.

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That with due respects to the ideals of judicial restrain and activism, our legal system is based on the cumbersome and faulty procedure. The celebrated principles of law may be very good for their theoretical implementation by the enforcing authorities, but the implementation of such lacuna is filled up in the Judgement, then it may seldom result in providing the larger evil, then present in given effect to such impugned order. This is the comedy of error, which may not be subjected to rectified in easy process. That the change is required in the law making process in the country. The chapter of Fundamental Rights in our constitution of India is not the rights conferred to its citizen, but most of them are the fundamental duty caste upon the Government and the other instrumentality of the state. There are few as that of the fundamental rights of our citizen, but they have the restrictions imposed upon them. Since the citizens are not allowed to participate in the proceedings of the court of law, the justice is carved out on the bonfide impression of the Advocate, who may sponsor their cause. Thus in some cases the guilty remain unpunished, while the innocents became the victims in the system. That every duty imposed upon the functionary of the state may not be taken for providing the rescue to the litigants as the matter of right. This may lead to disastrous results as there may be the possibility of sparing the lacuna intentionally by the law enforcement agencies for some extraneous consideration, which may, otherwise, be contrary to the very object. Thus the job assigned upon the Honble courts is not only to provide the assistance through the provision of Law, but it is also to protect the perpetuation of injustice through the order of the court of law. This is a delicate balance between Right and Wrong. That Justice is the end of government in order to enjoy the peace of mind. Law is a means to an end. The essence of law is duty. It is a result of constraint struggles and conflicts with a view to attain the peace of mind. Law is the guarantee of condition of life is society assured by State power of constrain as legal institution may provide stability in the social and political affairs. The essential principle to learn is the basic principle of jurisprudence by adopting a positive approach for imparting the real justice to the individual in the society. The legal system is immolation of the legal invention for protections of Human behavior, which may maintain infuse relationship for the advancement of mankind. That the birth of socialistic pattern of society and mixed economy confounded speculation about Indias starvation our potential of unlimited reservoir of skilled labor and abundance traders skill have been reserved with diversification, of vertical political interest not in favour of people, but for the interest of political ambitions. This has provided an obstacle to our inherited

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great skilled splendor intelligence and our super outer perennial sprit to naught. 71. That the power entrusted under the rule of the law with authority is required to discharged truly, objectively, expeditiously and with individual responsibility failing which cost should have been imposed for committing public injustice. This time is flying. Implementation of strong idea for betterment of mankind requires stead fast wisdom. That the real tragedy is to lift up the voice amongst the living and meet with no response, neither approval nor opposition from the public as if they are stranded in a boundless desert completely at loss. An Iron House having not a single window, and virtually indestructible with all its inmates sound asleep and about to die of suffocation, whether by raising a shout to wake a few lighter sleepers as those who are in the fast sleep would not feel the pain of death, and there by making these unfortunate few lighter making these unfortunate few lighter sleeper to suffer the agony of irrevocable death, do we really things we are doing them a good turn? That there is no hope of destroying the Iron house through such writing, but still one can not blocked out the hope, for hope belongs to the future. There is no refutation of affirmation of faith. Clear day light swallowed up the lamp light. That the dividing line between an administration power and quasi-judicial power is quite thin and is being gradually obliterated. The concept of quasi-judicial power has been under going a radical change. Let the executive may also give up its privilege orientations and start building nation through there utmost potential. The higher bureaucrats may fix their responsibility and public accountability. Towards and unless this responsibility in nipped in the bud, it is likely to cause turbulence shaking the entire socio-economic political system in an otherwise healthy, wealthy, effective and vibrating society. That Even Article 226, viewed on under prospective may be a meant to ventilation of collective or common grievances as distinguished from assertion of individual rights, although the traditional view, backed by precedents has opted for the narrower alternative public interest is promoted by a spacious consideration of laws standing our socio-economic circumstances and conceptual latitudenariarism permits taking liberties with individualization of the right to involve the higher courts where the remedy is shared by a considerable number particularly when they are weaker less litigation consistent with the fair process is the aim of aim of adjective law. That Progress is ensured and development helped if each performs his role in the common endeavor. Fairness is a

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fundamental principle of good administration State has descended into the communal field as men the State of public exchange is also large justifying larger social audit, judicial Central and service by opening of public gaze. 77. That Justice is a psychological yearning, in which men seek acceptance of their viewpoint. After independence, we have chosen a political system. The vitality of democratic process the ideals of social and economic egalitarianism, the imperatives of socio-economic transformation envisioned by the constitution as well as the rule of law and great values of liberty and equality are all dependent on the tone of judicious place in judicial process. There is innovation of new devise and strategies for the purpose of presiding occurs to denied basic human rights to down trodden or socially and economically disadvantageous individual unable to approach the court for relief. The narrow concept of cause of action and person aggrieved and individual litigation is becoming dissent. The maxim of ill justice is remedies have now enlarged to embrace all interests of public minded citizens. That the public activists are permitted to espouse the cause of poor citizens. Public interest litigation at present constitutes a new chapter against injustice delivery system and is acquiring a significant degree of importance in the modern legal jurisprudence based on true principle liberty and justice for all Social economic, political and ideological causes have now expanded the role of courts for sociological jurisprudence and judicial audit. Judicial activism has opened up new dimension for judicial process. The judiciary has to play a vital and important role not only in presenting and remedying abuse and misuse of power but also in eliminating exploitation and injustice. That the judicial system is remedial in nature, and as such, it is meant for observing the maintenance of law and order, but it is not curative in providing the fruit of justice to its seeker. This anomaly in the system may derivative to the situation as the player participating in the game may participate in the events, but he deprived from getting the fruit of success. Thus there is no enthusiasm amongst its participants. That the Law in order to satisfy the needs of fast changing society has to be evolved in order to meet out the challenges instead of remaining static. Thus the judicial thinking to be constructed by reference which would adequately deal with the new problems and therefore we no longer need the crutches of foreign legal system. It has to be secured through the process of law. The collective interest of the community so that parties do not lose faith in the institution and thereby indulge in private retribution is the prime objective of the legal order. The procedural safeguards should commensurate with the sweep of power. The wider the power, the greater the need for restraint in its exercise and

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correspondingly, more liberal the construction of procedural safeguards envisaged by the statute . 81. That Conceptually and from the jurisprudentially point of view, especially in the background of the preamble to the Constitution of India and the mandate of the Directive Principles, it was possible to authorize the Central Government to take over the claims of the victims from the consumption of the Cold Drinks to fight against the multinational Corporation in respect of the claims. Because of the situation the victims were under disability in pursuing their claims in the circumstances of the situation fully and properly. That quite apart from that, it has to be borne in mind that in this case the State is acting on the basis of the Statute itself. For the authority of the Central Government to sue for and on behalf of or instead in place of the victims, no other theory, concept or any jurisprudentially principle is required itself. That the victims have been divested of their rights to sue and such claims and such rights have been vested in the Central Government. The victims have been divested because the victims were disabled. The disablement of the victims vis-a-vis their adversaries in this matter is self-evident factor. If that is the position then, even if the strict application of the "parens partriae" doctrine is not in order, as a concept it is a guide That the jurisdiction of the State's power cannot be circumscribed by the limitations of the traditional concept of parens partriae. Jurisprudentially, it could be utilized to suit or alter or adapt itself in the changed circumstances. In the situation in which the victims were, the State had to assume the role of a parent protecting the rights of the victims who must come within the protective umbrella of the State and the common sovereignty of the Indian people. The Act is an exercise of the sovereign power of the State. It is an appropriate evolution of the expression of sovereignty in the situation that had arisen. That Let us begin with a new and triumphed idea to burst every chain which tends to paralyze the effects to push forward. Every power tends to corrupt, which is opposed to democracy and social order and thus absolute power tends to corrupt absolutely. Thus our constitution demarcates the three major instruments of power in their jurisdiction minutely and expects them to exercise their respective powers without overstepping their limits. The doctrine of separation of powers in its absolute rigidity is not recognized in the constitution. The functions of different branches of the government have been sufficiently differentiated and our constitution does not contemplate assumption, by one organ or the part of the State of functions that essentially belong to another. That the duties imposed on the functionary of the government in the chapter of fundamental rights are being carried by interpreting

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them on the rights of citizens and thus being enforceable by the superior judiciary and even the liability of Executive functions is regulated by the court of justice through judicial activism. The range of judicial review recognized in India is perhaps widest and most extensive. 87. That the expansion of the Doctrine of LOCUS STANDI to the citizen and democratization of remedies are not on speaking terms. Thus the role of Locus- Standi is required to be dealt with by Judicial activism by the courts dealing with the Constitutional rights. There are very less number of fundamental right & larger number of duties imposed in the chapter dealing with fundamental right in our constitution of India. Except the right conferred under Article 19, there is no individual fundamental right to the citizen . There are some collective right to the citizens . The rest of the Articles are the fundamental duties of the government towards its citizen . That Now the Honble courts have also started taking interpretations of statues in the modern positive approach have a purposeful constitution as to effectuate the object and purpose of the Act, instead of mechanical approach. Where the act is arbitrary, it is implicit in it that it is unequal both ending to political logic and constitution law and is therefore held to be visualization of Article 14 of constitution of India. However the terms of transferred malice is unknown is the field of legislation. With the passage of time although meaning do not change but now experience give new color to the meanings. That this Honble court on account of being the custodian of the public interest at large, may graciously pleased to prohibit the Union of India to prohibit the display of the advertisement relating to the boosting of the sale of Coco-cola, Pepsi and other soft-drinks manufactures and sale under the authority of the Respondents no. 4 and 5 has these cold-drinks are having the effect of slow poisoning to the life of the people and their effect is so injurious upon the health of the citizen that it may ultimately causes numbness and restlessness. There should be a note of caution on every bottle displaying the fact that the use is immensely harmful for the human consumption otherwise there will be drastic effect upon the life and livelihood of the innocent citizen who are not aware of regarding of the ill-effect of these cold-drinks. That this Honble court may graciously be pleased to restrict the sale and manufacturing of these injurious soft drinks and prohibit the respondent no. 5 to display the advertisement for the promotion of the sale of these soft drinks on audio visual media as to restrict such item from the access of the common citizen due to their unawareness. That under these circumstances it is expedient in the interest of justice that this Honble court on account of being the custodian of

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the public interest at large, may graciously pleased to prohibit the Union of India and its instrumentality to prohibit the display of the advertisement relating to the boosting of the sale of Coca-cola, Pepsi and other soft-drinks manufactures and sale under the authority of the Respondents no. 4 and 5 has these cold-drinks are having the effect of slow poisoning to the life of the people and their effect is so injurious upon the health of the citizen that it may ultimately causes munbness and restlessness. There should be a note of caution on every bottle displaying the fact that the use is immensely harmful for the human consumption otherwise there will be drastic effect upon the life and livelihood of the innocent citizen who are not aware of regarding of the ill-effect of these cold-drinks. 92. That the present writ petition is filled in the public interest on the following amongst other grounds Grounds Because suffering from the ill effect of the cold drink namely CocaCola, Limca, Mirinda, Pepsi etc., is causing the gastro intestine ailments resulting in ulcer and also the cancer to its consumers. Because Since there is no medical facility available to the patients on the cost of central Govt. for the treatment and cure of the ailments, as such as a preventive measurement for having the awareness of the general public about the ill-effect, all these soft drinks. Because the soft drinks commonly known as Pepsi, Mirinda, etc. are being manufactured under the authority of Pepsi Co. Inc . U.S.A. in India by the respondent no. 4 while the soft drinks known as Coca Cola, Thums up , Fanta etc. are manufactured under the license and authority of Coca Cola Company, U S A by the respondent no.5 are having its ingredients as carbonated water, sugar, citric acid, emulsifying agents, sequestering, pesticides and buffering agents, which are not only harmful, but the use of these agents may be so injurious that the consumption of these soft drinks to the extent of few litters may result in death of an individual. Because It has been revealed from the reports of the news papers, articles in the magazines and different journals, wherein, it has been alleged that the injurious effect of the chemicals and phosphoric acid, ethylene glycol, a calibre arsenic and carbonic acid and pesticides linden , DDT ,melatheon , chloropaeriophos used as the ingredient and contents of the cold soft drinks manufacturers, distributors and sold in the market having the authority under Pepsi and coca Cola groups of cold drinks. chemical is the calibre arsenic. Because the adulteration of the food is a manace to public health. The object and the aim of the prevention of adulteration Act is to eradicate the effect of anti social evil of procuring the money by supplying the adulterated food and for ensuring the purity of the articles of food.

(A) (B)

(C)

(D)

(E)

(F) (G) (H)

(I)

(J)

(K)

(L)

(M) (N)

Because where the statute creates an offence and imposes a penalty of fine and imprisonment, the language of the statute has to be construed strictly. Because misbranding of the ingredients of the foodstuffs is the rampant evil and the statute calculated to control that evil is indisputable belief in the interest of general public. Because according to section 7 of the aforesaid Act, there is prohibition for manufacturing the adulterated article for sale or store, sell or distribute any adulterant. Section 16 of aforesaid Act prescribes the penalties for the prohibited articles by himself or by any other person and a certificate of analysis made by the Director of Food Laboratory or by a public analyst is required for the purposes of advertising any article of food. It is submitted that in case of Inderjeet vs. State of UP. AIR 1979 SC 1867, the validity of section 7 and 16 has been upheld by the Honble Supreme Court. It has been held that these sections do not violate Article 19(1)(g) of the Constitution of India. Because under section 17 there are the punishment prescribed for an offence committed by a Company, which means any body corporate and includes a firm or other association of individuals. The forfeiture of the property of any person convicted under the act for the contravention of any provision may be done under section 18 of the Act. Because the commercial advantage taken by the respondents and their agents in collision with the manufacturer companies of the cold drink may not be beneficial for the growth of the nation. A country having a Constitution with the galaxy of Fundamental Rights is now being rules with the governance through laissez-faire, policy with political set up having coordination with the divisive forces for economic, social and national operation of the people al large. Because the country where 50% of population is still illiterate, is required to be governed in such a manner as the illiterate person may also get their right of survival in the nation. This is neither the concept of the distributive justice nor the same is permissible from any yard stick to promote such the injurious product through the advertisement of the Government agencies like Doordarshan and other channels. Because the effect of the advertisement directly reacts upon the conscience of the people that the product shown through such advertisement should have been approved by the Central Government otherwise it would not have been displayed for the consumption of the general public before obtaining of such product from Indian Standard Institute and Quality Control Department. Because our nation is not a rich country as it may afford the treatment to the poor person without realisation of the exorbitant money required to be invested for the cure of the ailments Because The convenient sachets and high profile advertising featuring celebrities, boosted the sale of Coca-Cola and Pepsi among the young men and children. The consumption of the aforesaid property is gaining popularity among the school going children despite knowing the ill effect of such drinks upon their Intestine.

(O)

Because although a sanction is required of the public analyst containing a report of the local health authority or by the Director Central Food Laboratory, but any certificate issued by the Director of Central Food Laboratory may not be sufficient if the ingredient of the adulterated food articles have got the hazardous substance, which is detrimental for the life of the individuals. The requirement of obtaining such permission may not be having overriding effect upon the infringement of fundamental rights guaranteed to the citizens under Article 21 of the Constitution of India. PRAYER

It is, therefore, MOST RESPECTFULLY prayed that this Honble court may graciously be pleased to; i. Issue a writ order or direction in the nature of Mandamus commanding and directing the respondents to get the inquiry regarding the contends of the cold drinks manufactured by the respondent No. 4 and 5 and make those ingredients available to the awareness of the public at large under Article 19 (1) (a) read with the provision of The Freedom Of Information Act, 2002. ii. Issue a writ order or direction in the nature of Mandamus commanding and directing the respondents to find out the ill effects of these cold drinks to the public at large causing disease like ulcer and other Gastro-Intestine ailments etc. due to its contents of having the Phosphoric Acid and other Psychotropic substances used therein as published on the basis of research conducted and punish them; or to pass any other order. iii. Issue a writ order or direction in the nature of Mandamus commanding and directing the respondents restraining them from permitting the sale, license for sale and for displaying the advertisements of the Coca Cola and Pepsi groups of Cold drinks and direct the authorities concerned make the public awareness, which this Honble court may interest. iv. Issue a writ order or direction in the nature of Mandamus commanding and directing the respondents no. 1 to 3 inquiring with them regarding the action taken against their subordinate officials, who are guilty for committing inaction/ dereliction in due discharge of their duties to save the public from injurious, deem fit in public

harmful, toxic, psychotropic

and poisonous

substance for

protection of Fundamental Rights guaranteed to the Citizen under Articles 14 an 21 of constitution of India v. Issue any other suitable order or direction which this Honble Court may deem fit and proper in the present circumstances of the case, Dt/- 12th AUGUST, 2003 (YOGESH KUMAR SAXENA) ADVOCATE. COUNSEL FOR THE PETITIONERS CHAMBER NO. 139 HIGH COURT. ALLAHABAD.

IN THE HONBLE HIGH COURT OF JUDICATURE AT ALLAHABAD. . CIVIL MISC. Ad Interim Application NO. OF 2003 ( Under Section 151 C. P.C. Read with chapter XXII Of rule Of The Court) On behallf Of G.C.Gahrana S/o late shri S.C.Lal, Advocate, High Court, Member & Ex Secretary, National Executive Committee, Treasurer- U.P. Branch Of All India Lawyers Union, Member Elder Committee- Life Member, Advocates Association and others In CIVIL MISC. WRIT PETITION NO. OF 2003 (Under Article 226 of the Constitution of India) ( DISTRICT ; ALLAHABAD)
6.

G.C.Gahrana S/o Late Shri S.C.Lal, Advocate, High Court, Member & Ex Secretary, National Executive Committee, Treasurer- U.P. Branch Of All India Lawyers Union, Member Elder Committee- Life Member, Advocates Association, Chamber No.54, High Court, Allahabad R/O 16, Moti lal Nehru Road, Allahabad

7. Alok Sharma S/O Dr. S.D. Sharma, Advocate, High Court, Ex joint Secretary, High court Bar Association, 52,L.I.G.- Govindpur colony, Allahabad
8.

Pankaj Kumar S/O Shri Lal Bahadur Singh, Advocate, High Court, C/O Yogesh Kumar Saxena Advocate, High Court-Vice- President, Advocates Association, R/O H.I.G.203, Preetam Nagar, Sulem Sarai Housing Scheme, Allahabad.

9. Samaj Shekhar Pran S/O Shri C. S. Pran, General Secretary Health Line Community Foundation & President of People For Animals, Allahabad Unit ( The Registered Societies) R/O-B 187,Mahdauri Colony , Allahabad. 10. D.S. Research Centre, through its Director Sri S.S. Trivedi s/o Shri M.R. Tiwari, 147-A, Ravindrapuri, Varanasi. ..PETITIONERS. Versus 1 Union of India through Secretary, health and family welfare, Government of India, New Delhi. 2 Secretary, Ministry of information and Technology, Government of India, New Delhi.

3 State of U.P. through Chief Secretary, Govt. of U.P.,Secretariat, Lucknow. 4 PepsiCo India Holding Pvt. Ltd. 38 D.L.F. Corporate Park, S Block, Kutub Inclave, Phase-III Gurgaon-122002 Haryana, India, through its Managing Director. 5 Hindustan Coca Cola Beverages Pvt. Ltd. Tehsil- Hapur, District-Ghaziabad, U.P. India (under the authority of Coca Cola Company),Through its Managing Director. .RESPONDENTS To, The Honble the Chief Justice and his other companion Judges of the aforesaid court. The humble writ petition of the abovenamed petitioner most respectfully showeth as under;1 That this is the first writ-petition filed in the public interest to save the people from the clutches of the poisonous substances used by the multinational companies dealing with the production, manufacturing and distribution thereof to the public at large without any awareness to the individual citizen, for which there is reciprocal duty and responsibility at large of the Public Administration Of The Respondents under our constitutional frame work of fundamental rights guaranteed under Article 14, 19 (1) (a) and 21 read with Article38, 39, 41, 42, 47 and under 51-A (g) read with The Freedom Of Information Act and penal laws to take the deterrent and informative steps, failing which this Honble court as sentinel and guardian to the people of India against Quasi- judicial inaction may resort to get it ratified through Judicial scrutiny and accountability may dealt with the situation. The petitioner has not received any caveat application so far from the respondents. 2 That the relief sought is that this Honble court may graciously be pleased to restrict the sale and manufacturing of these injurious soft drinks and prohibit the respondent no. 5 to display the advertisement for the promotion of the sale of these soft drinks on audio visual media as to restrict such item from the access of the common citizen due to their unawareness. 3 That according to the opinion expressed in the news paper, the soft drinks commonly known as Pepsi, Mirinda, etc. are being manufactured under the authority of Pepsi Co. Inc. U.S.A. in India by the respondent no. 4, while the soft drinks known as Coca Cola, Thumps up, Marinda, Fanta etc. are manufactured under the license and authority of Coca Cola Company, U S A by the respondent no.5. These cold drinks are having its ingredients as carbonated water, sugar, citric acid, emulsifying agents, sequestering and buffering agents, which are not only harmful, but the use of these agents may be so injurious that the consumption of these soft drinks to the extent of few litters may result in death of an individual, as alleged in news paper reports. The preservative flavour and carbonic acid is further injurious resulting in

gestointestinic digestive problem and finally causing ulcer. However, on account of unawareness from the potential harms to the public, the Indians offer these soft drinks as a matter of grace in the honour of a guest. There is the irreparable loss to the health of the children who use to take these cold drinks in order to provide a cooling effect in the body in the scorching heat during the summer. 4 That all the facts and circumstances are given in the Writ petition, Grounds and in the prayer made in the Writ Petition, it is prayed that that this Honble court may graciously be pleased to issue:!) Ad interim Mandamus commanding and directing the respondents to get the inquiry regarding the contends of the cold drinks manufactured by the respondent No. 4 and 5 and make those ingredients available to the awareness of the public at large under Article 19 (1) (a) read with the provision of The Freedom Of Information Act, 2002. !!) Direct the respondents to find out the ill effects of these cold drinks to the public at large causing disease like ulcer and other Gastro-Intestine ailments etc. due to its contents of having the Phosphoric Acid and other Psychotropic substances used therein as published on the basis of research conducted and punish them; or to pass any other order. !!!) Direct the respondents restraining them from permitting the sale, license for sale and for displaying the advertisements of the Coca Cola and Pepsi groups of Cold drinks and direct the authorities concerned make the public awareness, which this Honble court may deem fit in public interest. V) Issue any other suitable order or direction which this Honble Court may deem fit and proper in the present circumstances of the case, PRAYER It is, therefore, MOST RESPECTFULLY prayed that this Honble court may graciously be pleased to issue the :!) Ad interim Mandamus commanding and directing the respondents to get the inquiry regarding the contends of the cold drinks manufactured by the respondent No. 4 and 5 and make those ingredients available to the awareness of the public at large under Article 19 (1) (a) read with the provision of The Freedom Of Information Act, 2002. !!) Direct the respondents to find out the ill effects of these cold drinks to the public at large causing disease like ulcer and other Gastro-Intestine ailments etc. due to its contents of having the Phosphoric Acid and other Psychotropic substances used therein as published on the basis of research conducted and punish them; or to pass any other order. !!!) Direct the respondents restraining them from permitting the sale, license for sale and for displaying the advertisements of the Coca Cola and Pepsi groups of Cold drinks and direct the authorities concerned make the public awareness, which this Honble court may deem fit in public interest. VI) Issue any other suitable order or direction which this Honble Court may deem fit and proper in the present circumstances of the case, Dt/- 12th AUGUST, 2003 (YOGESH KUMAR SAXENA) ADVOCATE. COUNSEL FOR THE PETITIONERS CHAMBER NO. 139 HIGH COURT. ALLAHABAD.

IN THE HONBLE HIGH COURT OF JUDICATURE AT ALLAHABAD. INDEX

IN
CIVIL MISC. WRIT PETITION NO. OF 2003 (Under Article 226 of the Constitution of India) ( DISTRICT ; ALLAHABAD) G.C. Gahrana S/o Late Shri S.C.Lal, Advocate, High Court, Member & Ex Secretary, National Executive Committee, Treasurer- U.P. Branch Of All India Lawyers Union, Member Elder Committee- Life Member, Advocates Association, and others..PETITIONERS. Versus Union of India through Secretary, health and family welfare, Government of India, New Delhi & OthersRespondents .. 1. 2. 3.
4.

List of dates & events. Misc. Ad-interim Application. Writ Petition.

Annexure-1 Copy of registration certificate of society namely Health Line Community Foundation. 5. Annexure-2 Copy of registration certificate of society namely People For Animal, Allahabad. 6. Annexure-3 Copy of registration certificate of society namely Mehdauri Jan Kalyan Samiti, Allahabad. 7. Annexure-4 Copy of registration certificate and bye-laws of D.S. Research Centre. 8. Annexure-5 Copy of Paper Cutting of Kalyan Magazine. 9. Annexure-6 Copy of Paper cutting Hindustan Times Dated 6.6.2001. 10. Annexure-7 Copy of Paper Cutting Hindustan Times. 11. Annexure-8 Copy of paper cutting Hindustan Times dated 6.8.2003. 12. Annexure-9 Copy of paper cutting Hindustan Times dated 11.8.2003. 13. Annexure-10 Copy of report of Press Conference dated 25.8.2002. 14. Annexure-11 Copy of paper cutting Hindustan Times dated 7.8.2003. 15. Annexure-12 Copy of paper cutting Hindustan Times dated 11.8.2003. 16. Annexure-13 Copy of paper cutting Hindustan Times dated 18.8.2001.
17. Affidavit. 18. Vakalatnama. . Dated/August,2003 (YOGESH KUMAR SAXENA) ADVOCATE. COUNSEL FOR THE PETITIONERS CHAMBER NO. 139 HIGH COURT. ALLAHABAD

IN THE HONBLE HIGH COURT OF JUDICATURE AT ALLAHABAD. ANNEXURE NO.-

IN
CIVIL MISC. WRIT PETITION NO. OF 2003 (Under Article 226 of the Constitution of India) ( DISTRICT ; ALLAHABAD) G.C. Gahrana S/o Late Shri S.C.Lal, Advocate, High Court, Member & Ex Secretary, National Executive Committee, Treasurer- U.P. Branch Of All India Lawyers Union, Member Elder Committee- Life Member, Advocates Association, and others..PETITIONERS. Versus Union of India through Secretary, health and family welfare, Government of India, New Delhi & OthersRespondents ..

IN THE HONBLE HIGH COURT OF JUDICATURE AT ALLAHABAD. List of Dates and Events.

IN
CIVIL MISC. WRIT PETITION NO. OF 2003 (Under Article 226 of the Constitution of India) ( DISTRICT ; ALLAHABAD) G.C.Gahrana S/o Late Shri S.C.Lal, Advocate, High Court, Member & Ex Secretary, National Executive Committee, Treasurer- U.P. Branch Of All India Lawyers Union, Member Elder Committee- Life Member, Advocates Association, and others..PETITIONERS. Versus Union of India through Secretary, health and family welfare, Government of India, New Delhi & OthersRespondents .. 1. June, 2001 Magazine namely Kalyan June edition,2001 on page 704 published a report on the basis of research journal The Earth Land Journal making the awareness regarding psychotropic substance, glycerin, eastergum, which is extracted from corpus of dead animals including citric acid in Cold drinks manufactured by respondent no.4 and 5. 2. 6.6.2001 News item published in daily newspaper Hindustan in respect of antifreeze elements and calibre arsenic in soft drinks by Dr. Dhanesh Agrahari. 3. 18.8.2001 Y.M.C.A. students destroyed the Bottles of Pepsi and Coca-Cola to lodge their protest against ill-effect of cold drinks causing health hazard. 4. 25.8.2002 Press conference was called to make aware regarding ill-effect of Pepsi and Coca-Cola after the petition filed on behalf of Association of Protection of Patients Right by Dr. Sureshwar Tripathi. 5. 6.8.2003 Research has revealed by the Centre and Science of environment that cold drinks contained the poisons substance and toxic as pesticides and insecticides residue which is much above to the standard of European Countries. 6. 7.8.2003 Newspaper Hindustan Times published that since no legislation governing the soft drinks industry is available in India and as such there is no check upon the ill-effect of Cold drinks. 7. 11.8.2003 Report published in Hindustan Times that restriction to the sale of cold drinks in Parliament has been imposed, while no such restriction are imposed upon the sale to the public of such injurious substance having health hazards and thus the present Public Interest Litigation is filed to seek

the directions for awareness of the public at large regarding these injurious soft drinks and to prohibit the sale of these cold drinks manufactured by respondent no. 4 and 5 in the public interest. Dated/August, 2003. (YOGESH KUMAR SAXENA) ADVOCATE. COUNSEL FOR THE PETITIONERS CHAMBER NO. 139 HIGH COURT. ALLAHABAD